Darlington v. Willow Wood
Annotate this Case
Download PDF
IN THE UTAH COURT OF APPEALS ----ooOoo---Mary Darlington, the heir of Sarah Elizabeth Darlington, deceased, Plaintiff and Appellant, v. Willow Wood Care Center, Defendant and Appellee. ) MEMORANDUM DECISION ) (Not For Official Publication) ) Case No. 20060487-CA ) ) F I L E D ) (September 8, 2006) ) ) 2006 UT App 370 ) ) ) ----- Third District, Salt Lake Department, 050919206 The Honorable L.A. Dever Attorneys: D. Christopher Vancampen, Provo, for Appellant Brian P. Miller and Derek J. Williams, Salt Lake City, for Appellee ----- Before Judges Davis, McHugh, and Orme. PER CURIAM: Mary Darlington appeals the trial court's dismissal of her complaint for failure to comply with the Utah Health Care Malpractice Act (the Act). See Utah Code Ann. § 78-14-1 to -17 (2002 & Supp. 2006). This is before the court on appellee Willow Wood Care Center's (Willow Wood) motion for summary disposition based on the lack of a substantial question for review. Darlington did not respond to the motion. After the death of her mother, Darlington filed a complaint against Willow Wood alleging causes of action for negligence, wrongful death, and loss of consortium. Under the Act, a plaintiff suing a health care provider must follow specified steps, including giving at least ninety days prior notice before commencing the action, see id. § 78-14-8, and participating in a prelitigation panel review, see id. § 78-14-12. It is undisputed that the Act applies and that Darlington did not follow either of these required steps before initiating the litigation. "If [the Act's] requirements are not fully met, the action will be dismissed." Carter v. Milford Valley Mem. Hosp. , 2000 UT App 21,¶13, 996 P.2d 1076; see also Smith v. Four Corners Mental Health Ctr., Inc., 2003 UT 23,¶37, 70 P.3d 904. Because Darlington did not comply with the Act, the trial court correctly dismissed her complaint. Accordingly, the dismissal of Darlington's complaint is affirmed. ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge 20060487-CA 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
